Seeking Justice for Grandma: Challenging Mandatory Arbitration in Nursing Home Contracts

Citation data:

Vol: 2016, Issue: 2

Publication Year:
2016
Usage 223
Downloads 151
Abstract Views 72
Repository URL:
https://scholarship.law.missouri.edu/jdr/vol2016/iss2/10
Author(s):
Alper, Andi
Tags:
elder law; arbitration; Dispute Resolution and Arbitration; Elder Law; Health Law and Policy; Law
commentary description
This Comment advocates against the use of mandatory arbitration in nursing home admission contracts and discusses various legal theories available to refute such clauses. Part II discusses mandatory arbitration in general and its use in nursing home admission contracts. Part III summarizes some of the common arguments made in favor of and against arbitration in nursing home admission contracts. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid arbitration of disputes arising out of the nursing home contract.